Gujarat High Court
Mahammadashik Mahmadisadik Pathan vs State Of Gujarat on 31 July, 2025
NEUTRAL CITATION
R/CR.MA/913/2024 ORDER DATED: 31/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 913 of 2024
(FOR LEAVE TO APPEAL)
In F/CRIMINAL APPEAL NO. 18316 of 2023
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MAHAMMADASHIK MAHMADISADIK PATHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR LOGANATHAN DURAI(5948) for the Applicant(s) No. 1
PRATEEK S BHATIA(8629) for the Respondent(s) No. 2
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 31/07/2025
ORAL ORDER
1. When the matter is called out, learned advocate Mr. Prateek S. Bhatia for the respondent no. 2 is not present.
2. The present application is filed by the applicant - original complainant seeking leave to file an appeal against the judgment and order passed by the learned Chief Judicial Magistrate, Rajpipla (hereinafter referred to as the "learned Trial Court") in Criminal Case No.1301 of 2018 on 18.03.2023, whereby, the learned Trial Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to "the N.I.Act" for short). Page 1 of 4 Uploaded by F.S. KAZI(HC01075) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:47:27 IST 2025
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3. Heard learned advocate Mr. Loganathan Durai for the applicant and learned APP Mr. Pranav Dhagat for the respondent State.
4. Learned advocate Mr. Durai for the applicant submits that the applicant and the respondent no. 2 are friends and known to each other and the respondent no. 2 used to take hand loan of various amount from the applicant. An amount of Rs.1,16,000/- was outstanding, towards which, the respondent no. 2 issued cheque No.000004 dated 30.06.2018 for an amount of Rs.1,16,000/- from his account with Bank of Baroda, Rajpipla Branch. The cheque was deposited by the applicant in his account with Bank of India, Rajpipla Branch, but the cheque returned unpaid with the endorsement "Funds Insufficient". The demand statutory notice was given which was duly served to the respondent no. 2 but the respondent no. 2 did not pay the amount within the stipulated period, and hence, the applicant filed the complaint under Section 138 of the N.I.Act before the Court of Chief Judicial Magistrate, Rajpipla, which came to be registered as Criminal Case No. 1301 of 2018. The respondent no. 2 was duly served with the summons Page 2 of 4 Uploaded by F.S. KAZI(HC01075) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:47:27 IST 2025 NEUTRAL CITATION R/CR.MA/913/2024 ORDER DATED: 31/07/2025 undefined and he appeared before the learned Trial Court and after his plea was recorded, the applicant produced the oral and documentary evidence on record. Learned advocate submits that during the cross-examination, the applicant could not rebut the presumption. After the closing pursis was filed by the applicant, the respondent no. 2, in his further statement recorded under Section 313 of Cr.P.C., 1973, admitted that the applicant is his friend and he would often borrow certain amount from the applicant and the cheque was given towards security but has not stated the exact amount that was taken as hand loan. Learned advocate submits that the applicant filed an application at the Narmada Police Station, wherein, he had admitted that he had taken certain amounts from the applicant and the applicant has proved by oral as well as documentary evidence that the loan amount was taken, which was not repaid and the cheque in question was given towards the outstanding amount but the learned Trial Court has not appreciated the evidence in proper perspective. Learned advocate submits that the applicant has a good case on merits and the application seeking leave to appeal must be granted. Page 3 of 4 Uploaded by F.S. KAZI(HC01075) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:47:27 IST 2025
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5. Learned APP Mr. Pranav Dhagat for the respondent State has submitted that the learned Trial Court has considered all the documents produced by the applicant and has also considered the evidence and has passed the impugned order of acquittal considering the settled principles of law and hence, the leave to appeal may not be granted.
6. Considering the submissions of learned advocate for the applicant as also on perusal of the paper book on record and the judgment and order of acquittal, prima facie, it appears that the documents have not been properly appreciated in proper perspective. In the peculiar facts and circumstances of the case in the considered opinion of this Court the application deserves to be considered. Consequently, the application seeking leave to appeal is granted and disposed off accordingly.
(S. V. PINTO,J) F.S. KAZI Page 4 of 4 Uploaded by F.S. KAZI(HC01075) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:47:27 IST 2025